TERMS AND CONDITIONS
By visiting TMJ Consulting, LLC (www.tmj-consulting.com), you are consenting to our Terms and Conditions.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.
The terms “we,” “us,” and “our” refer to TMJ Consulting, LLC. The term the “Site” refers to www.tmj-consulting.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
This website page, blog, digital and physical products for sale, membership site, etc., are described as (the “Service”).
Use of www.tmj-consulting.com, including all materials presented herein and all online services provided by TMJ Consulting, LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to education, career or strategy sessions and other information are subject to change. TMJ Consulting, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. TMJ Consulting, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to TMJ Consulting, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event, that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We do our best to ensure that you are satisfied with the products and services delivered. If you are not satisfied with a product or service that you purchased, you may be eligible for a full refund minus any administrative fees, provided that you email us at email@example.com, no later than seven (7) days following the date of purchase, requesting a refund, stating the reason for your request. Notwithstanding the foregoing, certain Product purchases and services may not be eligible for a refund or might be subject to satisfaction or additional or different criteria, if and to the extent we so provide on the applicable Site(s). If you receive a refund for a Product or Service, you will have no further right to the use of that Product. We will have sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product or Service.
Please note that there are no refunds for digital content, courses, programs, etc. of which you participated in because of the nature of the service.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
USE OF PAID CLASSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company from time-to-time provides various Classes, programs, and associated material for sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our classes, programs, and associated material (collectively the “Classes”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Classes in any manner.
By ordering or participating in Classes, you agree that the Classes you purchase, or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Classes, you further agree that you shall not create any derivative work based upon the Classes and you shall not offer any competing products or services based upon any information contained in the Classes.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Site, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.
By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to TMJ Consulting, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to TMJ Consulting, LLC remains yours to the extent that you have any legal claims therein. You agree to hold TMJ Consulting, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by TMJ Consulting, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, TMJ Consulting, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if TMJ Consulting, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall TMJ Consulting’s cumulative liability to you exceed the total purchase price of the service you have purchased from TMJ Consulting, LLC, and if no purchase has been made by you TMJ Consulting’s cumulative liability to you shall not exceed $100.
You hereby expressly waive any, and all claims you may have, now or in the future, arising out of or relating to this Site, the Company, any, and all contracts you enter into Agreement with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Buffalo, New York. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with TMJ Consulting, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any, and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and TMJ Consulting, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by TMJ Consulting, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by TMJ Consulting, LLC.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York State. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Erie County, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
1 W. Seneca St., Floor 29, Mailbox #12
Buffalo, New York 14203
Updated: May 2022